The patrol system was an elaborate system of government for a non-citizen
class. It was, however, a government of law. Its administrative agents
included searchers, patrols, magistrates, sheriffs, constables, masters
and mistresses. Every citizen was subject to patrol duty. These agents
enforced a code that reduced almost every activity and relation of
the slave to a basis of law. The patrol system was characterized by a
careful consideration of the slave’s weaknesses and, with its patriarchal
supervision, gave him a respect for authority that partially prepared
him to be a citizen in a government of law. It is singularly true that
Tennessee negroes today enjoy a greater participation in politics than
any other Southern negroes. The background for this status and friendly
attitude is to be found in the ante-bellum politics of the state.
The finest expression of Tennessee’s attitude toward the negro slave is
found in the genuinely humane treatment accorded him. He was well fed,
clothed, and housed. The evils of the absentee landlord system with its
overseer and slave-driver were never prevalent. The small farmer was
considerate of his welfare. The churches constantly sought to improve
his condition. They reached him indirectly through their services. Their
influence manifested itself in charity, in marriage ceremonies, at the
sick-bed, in manumission societies, in the halls of legislation, and
in the benevolent philosophy of the Christian judge. Efforts at harsh
legislation were either defeated at the time or modified later by more
considered enactments. It has been abundantly shown, however, that it
was the courts of Tennessee that constituted the bulwark of protection
for the slave. They dealt with him not as a chattel but as a man. The
slave code became in their hands an opportunity and a means to humanize
the institution. They could not annul the law of slavery, but they did
largely abolish it in fact by their interpretation of it.
The condition of the free negro was never promising. He was largely
always subject to certain legal restrictions. The system of registration
adopted in 1806, the exclusion act of 1831, and his disfranchisement
in 1834 were expressions of an increasing hostility toward him. He was
always a possible avenue through which the abolitionists might reach the
slave. This made him a menace to society. His association, therefore,
with slaves was forbidden by law. He was practically a social outcast.
The slaves regarded him as worthless. Finally, provision was made for his
re-enslavement.
BIBLIOGRAPHY
A. Sources.
I. Records.
1. Colonial Papers 1661.
2. Colonial Entry Book No. 73.
3. Colonial Records of North Carolina, I-X (1662-1776).
4. State Records of North Carolina, XI-XXVI (1776-1790).
5. Journal of the Legislative Council of the Southwest
Territory (1794-1796).
6. Journal of the House of Representatives of the Southwest
Territory (1794-1795).
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